Chautauqua - New York State Office of Probation and Correctional ...

STATE OF NEW YORKDIVISION OF CRIMINAL JUSTICE SERVICESOFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES80 Wolf RoadAlbany, New York 12205http://criminaljustice.state.ny.usSEAN M. BYRNEACTING COMMISSIONERROBERT M. MACCARONEDEPUTY COMMISSIONERAND DIRECTOR(518) 485-7692(518) 485-5140 FAXHonorable Gregory EdwardsChautauqua County Executive3 North Erie StreetMayville, New York 14757July 12, 2010Dear County Executive Edwards:On November 18, 2009, Governor David A. Paterson signed into law the Child PassengerProtection Act or Chapter 496 of the Laws of 2009, referred to as “Leandra’s Law”. As you areaware, this important new law will help reduce drunken driving in New York State and promotetraffic and community safety. “Leandra’s Law” charged the NYS Division of Probation andCorrectional Alternatives with the responsibility to promulgate regulations governing themonitoring of compliance by persons ordered to install and maintain ignition interlock deviceson vehicles they own or operate. These regulations were promulgated as emergency regulationson April 23, 2010. Section 358.4 of these regulations requires that every County establish anignition interlock program plan with respect to usage of ignition interlock devices andmonitoring the compliance of an operator subject to installation of an ignition interlock device asdirected by the sentencing court.In order to facilitate this process, the Office of Probation and Correctional Alternatives (OPCA)prepared a simple plan document, which was largely prescriptive in format to ease preparationand submission. OPCA has received your plan and very much appreciates its timely submission.We have carefully reviewed and hereby approve your plan. I would like to take this opportunityto compliment you on its thoroughness, the extensive level of cooperation you received in itspreparation, and the detailed notification procedure outlined in the plan. Your plan indicates thatChautauqua County will be well-positioned to implement the new law on August 15 th .I would like to take this opportunity to make a few observations regarding the new statewideignition interlock initiative and the newly promulgated regulations. In the process of crafting thenew regulations the workgroup learned that first time offenders have a relatively low recidivismrate and are not likely to need the higher levels of technology and scrutiny offered by Class IIIdevices. Additionally, there was a lot of feedback from counties concerning the cost of thedevices and what they perceived would be high rates of “unaffordability”. Given these factorsthe workgroup crafted regulations that allow for different levels of devices with different levelsAn Equal Opportunity/Affirmative Action Employer

of costs so that monitors can match risk with appropriate devices. Higher risk cases can receivehigher Class devices and lower risk cases can receive lower Class devices. The selection of allClass III devices for both probation and conditional discharge cases could inflate the cost tooperators and increase the number of waivers granted by the court due to the increased cost ofthe devices, without providing the commensurate increase in public safety. As counties moveforward with the implementation of the interlock initiative, OPCA recommends that the monitorsof both the probation and conditional discharge cases be allowed the flexibility to choose theClass of device for each operator so they can align the risk of the operator with the appropriatelevel of device.OPCA looks forward to our continued work together as we implement this new public safetymeasure. Should you have any questions please feel free to call or e-mail Walter Cogswell at518-485-5168 or Walter.Cogswell@dpca.state.ny.us.Sincerely,Robert M. MaccaroneDeputy Commissioner and DirectorcLinda L. Shields, Probation DirectorHonorable Joseph Gerace, Sheriff and STOP-DWI Coordinator

Chautauqua County Ignition Interlock PlanThe Chautauqua County Probation Department has developed the following County Planto manage and implement the ignition interlock component of Leandra's Law effectiveAugust 15, 2010 pursuant to Part 358 of Title 9 NYCRR.Prepared by:Name:Title:Address:Linda L. ShieldsDirector of Probation110 East Fourth StreetJamestown, NY 14701Phone Number: (716)661-8008E-Mail:shieldsl@co.chautauqua.ny.usQuestions about plan should be directed to:1. Plan DevelopmentSame as aboveThis plan has been developed in consultation with the following:County Executive:Probation Director:Sheriff & Stop-DWI Coordinator:District Attorney:Public Defender:Dunkirk & Jamestown City Court:Chautauqua County Court:Chautauqua County Court Clerk:Gregory EdwardsLinda L. ShieldsJoseph GeraceDavid FoleyWilliam CoughlinRobert Nieto, Law ClerkPaul Andrews, Law ClerkKathleen Krauza2. Probation CasesThe Chautauqua County Probation Department will monitor all operators upon whom anIgnition Interlock Device has been imposed and who are subject to a period of probationsupervision and will communicate progress with the court and District Attorney.3. Conditional Discharge CasesThe Chautauqua County Stop-DWI Program will be responsible for monitoring when anIgnition Interlock Device has been imposed pursuant to a Conditional Discharge and willcommunicate progress with the court and District Attorney.

4. Probation Cases: Class and Features of DeviceWhen an operator is under probation supervision, the Chautauqua County ProbationDepartment will select the specific class and features of the interlock device from aqualified manufacturer in its region. The default Class for Chautauqua County will be aClass III device with the infra-red/lowlight camera feature. The operator will select themodel of the Ignition Interlock Device, meeting the specific class and features selected bythe Probation Department from a qualified manufacturer in the operator’s region ofresidence.5. Conditional Discharge Cases: Class and Features of DeviceWhen an operator has received a sentence of Conditional Discharge, the Stop DWIProgram will select the specific class of the interlock device from a qualifiedmanufacturer in its region. The default Class for Chautauqua County will be a Class IIIdevice. The operator will select the model of the Ignition Interlock Device, meeting thespecific class from a qualified manufacturer in the operator’s region of residence.6. Distribution of Waiver CasesThere are six manufacturers that have been contracted by the New York State Division ofProbation and Correctional Alternatives to do business within Region One(Allegany,Cattaraugus, Cayuga, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe,Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming and Yatescounties), even though not all provide services in Chautauqua County. The ChautauquaCounty Probation Department will maintain a list of those manufacturers who in fact doprovide a vendor in Chautauqua County. The Probation Department will maintain writtenrecords pertaining to which manufacturers are providing Ignition Interlock Devices inChautauqua County. Those operators, who have been determined to be financially unableto afford the costs and have received a waiver from the sentencing court, will be directedto a manufacturer according to the percentage of devices in use in the county from eachmanufacturer. The monitor will direct those operators who have been determined to befinancially unable to afford the costs to the manufacturers in a way that will provide foran equitable distribution of waiver cases.7. Distribution of Available FundingAny available funding earmarked for probation supervision and/or monitoring purposesassociated with DPCA Rules and Regulations 9 NYCRR Part 358, will be distributed tothe Chautauqua County Probation Department and the Stop DWI Program according tothe percentage of cases monitored by each agency for Chautauqua County.8. Notification of Ignition Interlock Orders (NIIO)

1. The sentencing court will provide to the Chautauqua County ProbationDepartment or the Stop DWI Program the Monitor Notification of IgnitionInterlock Order along with Orders and Conditions of Adult Probation or Ordersand Conditions of Conditional Discharge within 5 business days of sentence,submitting the order electronically as a scanned document (signature in blue ink)or by fax (hard copy to follow by mail).2. The NIIO shall include the docket number, Criminal Justice Tracking Number(CJTN), conviction as a Misdemeanor or Felony and period of installation of theIgnition Interlock Device.3. The Financial Disclosure Report will be submitted to the court within 5 businessdays following the guilty plea should a defendant believe they are unable to payor there is a need for a payment plan to insure adequate time for the court to makea determination regarding the defendant's ability to pay fees for the installationand maintenance of the Ignition Interlock Device. Three copies of this form needto be submitted and the court shall distribute copies to the District Attorney andthe Public Defender.4. The NIIO shall include a determination by the court as to the defendant's ability topay or the waiver of Ignition Interlock Device Fees.5. The NIIO will also inform the Chautauqua County Probation Department of anyintrastate or interstate transfer.6. Upon receipt of the NIIO where a defendant has been placed in the custody of theNY State Department of Correctional Services, the Chautauqua County ProbationDepartment will utilize Victim Information and Notification Everyday (VINE) totrack those cases that will require the installation of an Ignition Interlock Deviceupon release from incarceration.7. The Chautauqua County Probation Department or the Stop DWI Program willensure that the operator has the ignition interlock installed within 10 days of theimposition of the order, or will report to the sentencing court the failure to complywith the court order.9. Failure ReportsThe Ignition Interlock Notification to Court and District Attorney form will besubmitted if the Probation Department or the Stop DWI Program alleges that there isreasonable cause to believe that the defendant has violated a condition of sentence asfollows:1. Failure to have an ignition interlock device installed on a required vehicle2. Failure to comply with a service visit requirement3. A device report indicates possible tampering with or circumvention of theignition interlock device or an attempt thereof4. A device report indicates that lock-out mode was entered5. A device report indicates a failed test or re-test where the b.a.c. was .05% orhigher6. Violated other conditions of sentence

Failure reports will be provided to the appropriate parties within 5 days of knowledge ofa failure and a recommendation from the monitoring authority.AcknowledgementThis Ignition Interlock Program Plan has been developed in accordance with NYSDivision of Probation and Correctional Alternatives Rules and Regulations Part 358.Date: _______________________________________________Gregory J. Edwards, County Executive